Alan and Patricia Abraham were among three passengers on flight TS507 who testified at a hearing of the Canadian Transportation Agency examining Air Transat's conduct on the evening of July 31 when 20 commercial flights were diverted to Ottawa because of bad weather in Montreal and Toronto.Jean Levac / Postmedia

The federal transportation agency says Air Transat failed the 590 hapless passengers who were confined inside two planes that sat more than four hours on a hot tarmac in Ottawa.

Following a report issued Tuesday, the Canadian Transportation Agency fined the Montreal airline $295,000 for not living up to its contractual obligations to passengers during last summer’s travel nightmare.

That contract, known as a “tariff agreement,” gives passengers the right to deplane after a 90-minute tarmac delay with the captain’s approval, the agency said.

Although that agreement gives broad discretion to a captain in such circumstances, that discretion “cannot equate ignorance or inaction,” the agency ruled.

Air Transat Flight 507 from Rome spent four hours, 47 minutes on the tarmac at Ottawa International Airport, while Air Transat Flight 157 from Brussels stayed on the ground for five hour and 51 minutes. Both planes were destined for Montreal when they were diverted to Ottawa because of bad weather on July 31.

The agency found that neither aircraft commander was aware of the obligation to offer passengers the chance to disembark after a 90-minute tarmac delay.

“There is no evidence on record that either aircraft commander actively considered disembarking in accordance with the tariff,” the agency concluded.

Scott Streiner, chief executive of the transportation agency, said the decision — a quasi-judicial ruling known as a “determination” — holds significance for both passengers and airlines.

“It underscores that passengers have rights and recourse when their air travel is disrupted,” he said, “and that even when problems stem from events such as bad weather, there is a minimum standard of treatment to which all passengers are entitled.”

The agency rejected Air Transat’s contention that “chaotic, exceptional and unusual” circumstances were responsible for the delays and absolved the airline of its contractual obligations.

The transportation agency said those factors did not relieve the airline of its responsibilities — including sufficient food and water — and it ordered the airline to cover any out-of-pocket expenses incurred by passengers.

It also ordered Air Transat to ensure flight crews and other employees are aware of the legal obligations imposed by its tariff.

During the midsummer ordeal, passengers became so frustrated by the seemingly endless delays that one claustrophobic traveller dialed 911. Some vomited while others complained they were parched and suffocating. The planes ran low on supplies of food, water and toilet paper as passengers issued pictures of their captivity on social media. The flight director on one plane worried about a riot breaking out.

“It was like being trapped in an elevator,” said Marc Jetté, the public servant whose desperate phone call brought Ottawa police to the scene.

The transportation agency said passengers should have been provided more drinks and snacks and given the chance to disembark.

Air Transat’s international tariff stipulates: “If the passenger is already on the aircraft when a delay occurs, the carrier will offer drinks and snacks if it is safe, practical and timely to do so. If the delay exceeds 90 minutes and the aircraft commander permits it, the carrier will offer passengers the option of disembarking from the aircraft until it is time to depart.”

The transportation agency ordered Air Transat to revise that agreement to make it more definitive, and to require captains to deplane passengers after four hours.

Air Transat welcomed the transportation agency’s “clarification” of its obligations and said it will take all necessary steps to comply with the ruling. “We reiterate our sincere apologies to our passengers who experienced a difficult situation,” said president Jean-François Lemay.

He said Air Transat will offer a total of $500 in compensation to each passenger on the affected flights.

The transportation agency, an independent tribunal, provides consumer protection for air passengers while also working to ensure the smooth operation of Canada’s transportation system.

It held a two-day public hearing in late August to examine the circumstances and decisions that led to the debacle that unfolded at the Ottawa airport on July 31.

As a result, 20 commercial flights were diverted to Ottawa, which meant that the airport had to manage both the increased traffic and 88 regularly scheduled arrivals and departures. Among the diverted flights was a Emirates Airbus A380, an airplane so large that it complicated the handling of other jets.

Planes were parked all over the tarmac, and by the time the two Air Transat flights were put in the right position, one was out of fuel, which caused the air ventilation system to shut down and the cabin to darken. Emergency power on Flight 157 was restored after 10 minutes, but the plane had trouble restarting.

Further delays were encountered when police and paramedics boarded the plane in response to the 911 call.

Air Transat told the agency that the delays were the product of a series of unfortunate events largely out of its control. Airline officials told the agency that “creeping delay” and unreliable information given to pilots repeatedly led them to believe their departures were imminent.

The transportation agency, however, said the pilots should have figured out that the departure time estimates were unreliable when one after another passed unfulfilled.

The agency report also noted that each airline contracts with a ground services company at the airport to provide food, fuel and baggage handling. Air Transat had a deal with First Air to provide ground services, but it wasn’t staffed to handle the sudden influx of planes.

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